Chapter 3: Building Regulations

Chapter 3: Building Regulations

City of Lowry Crossing, TX Code of Ordinances

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ARTICLE 3.01

GENERAL PROVISIONS

§ 3.01.001 Use of motor home, travel trailer or bus as residence.

(a) No motor home, travel trailer or bus shall be used for a residence without special permission from

the mayor and/or mayor pro-tem.

(b) Permission given by mayor or mayor pro-tem may be terminated at any council meeting by the

city council.

(Ordinance 24 adopted 6/8/81)

§ 3.01.002 Suspension of certain regulations.

(a) The city council hereby acknowledges the provisions of the act [HB 3167] and suspends the

application of any ordinance or process contained in the subdivision ordinance, as it now exists

or as it may be amended, that conflict with the provisions and requirements of the act.

(b) The city council further directs the city’s planning and zoning commission, staff and outside

consultants to process, approve, approve with conditions or deny all plats and plans, as defined in

the act, in accordance with the provisions and requirements of the act.

(Ordinance 323 adopted 8/13/19)

ARTICLE 3.02

BUILDING OFFICIAL

§ 3.02.001 Position established.

A position of building official is established.

(Ordinance 226, sec. 1(A), adopted –/–/11)

§ 3.02.002 Duties.

The duties of the building official shall be as defined in the job description approved by city council.

The job description may be revised from time to time by a majority vote of the city council, and be

attached to the ordinance from which this section derives without requiring a new ordinance.

(Ordinance 35, sec. 2, adopted 9/11/89; Ordinance adopting Code)

§ 3.02.003 Qualifications.

(a) The qualifications for the position of building official shall be generally as described in this

section.

(1) The candidate need not be a resident of the city.

(2) The candidate must demonstrate a general familiarity with the building trades, building

codes and construction practices, and show proficiency in dealing with the public.

(b) The city is an equal employment opportunity employer. Candidates are eligible regardless of race,

sex, age, creed, religion, or nationality.

(Ordinance 35, sec. 3, adopted 9/11/89)

§ 3.02.004 Compensation.

The compensation for this position shall be as defined by a majority vote of the city council at the time

such position is filled, and as may be changed from time to time by majority vote.

(Ordinance 226, sec. 1(B), adopted –/–/11)

ARTICLE 3.03

BUILDING AND STANDARDS COMMISSION

§ 3.03.001 Implementation of state law.

The city council, by this article, hereby implements subchapter C of chapter 54, Local Government

Code of the state.

(Ordinance 115, sec. 1, adopted 6/6/00)

§ 3.03.002 Creation.

(a) Purpose.The city building and standards commission is hereby established in accordance with

the provisions of subchapter C, chapter 54 of the Local Government Code of the state. The

commission is established to hear and determine cases concerning alleged violations of the

ordinances of the city relating to:

(1) The preservation of public safety, relating to the materials or methods used to construct a

building or improvement, including the foundation, structural elements, electrical wiring or

apparatus, plumbing and fixtures, entrances or exits;

(2) The fire safety of building or improvements, including provisions relating to materials,

types of construction or design, warning devices, sprinklers or other fire suppression

devices, availability of water supply for extinguishing fires, or location, design, or width of

entrances or exits;

(3) Dangerously damaged or deteriorated buildings or improvements; or

(4) Conditions caused by accumulation of refuse, vegetation, or other matter that creates

breeding and living places for insects and rodents.

(b) Appointment and term of members; composition.Members of the commission shall be appointed

by the city council. The commission shall be composed of five (5) members, and four (4)

alternate members may be appointed. Appointments shall be for terms of two years, except that

some of the first members appointed may be for a one-year term in order to provide staggered

terms.

(c) Meetings.The commission shall hold its meetings on the call of the chairman, or upon written

request of at least one (1) member of the commission or at the request of the city council. All

meetings shall be open to the public.

(d) Quorum.All cases to be heard by the commission must be heard by at least four (4) members.

(e) Chairman and vice-chairman.A chairman and a vice-chairman shall be selected by the members

of the commission. After the initial selection of chairman and vice-chairman, such selection

shall be conducted following the annual appointment of new members.

(f) Secretary.The city council shall appoint a secretary to the commission who but [sic] shall not be

a member thereof. The secretary shall keep a record of the cases, activities, and actions of the

commission and its determinations, give notice of the date and time of hearings, and perform

such other duties as are consistent with or may be necessary for the enforcement of this article,

as required by the commission.

(g) Voting.The concurring vote of four (4) members of the commission shall be necessary for the

adoption of any motion, the issuance of any order or the determination of the amount and

duration of any civil penalty.

(h) Rules and regulations.The commission may adopt other rules in accordance with this article and

pursuant to subchapter C, chapter 54, Local Government Code, necessary to establish

procedures for use in hearings, providing ample opportunity for presentation of evidence and

testimony by respondents or persons opposing charges brought by the municipality or its

building officials relating to alleged violations of ordinances.

(Ordinance 115, sec. 2, adopted 6/6/00)

§ 3.03.003 Jurisdiction and authority.

(a) Jurisdiction.The building and standards commission shall have the quasi-judicial authority

authorized by said subchapter C to enforce the health and safety ordinances of the city.

(b) Authority and functions.The building and standards commission may:

(1) Order the repair, within a fixed period, of a building found to be in violation of a city

ordinance;

(2) The building and standards commission shall have the quasi-judicial authority authorized

by said subchapter C to enforce the health and safety ordinances of the city;

(3) Order, in an appropriate case, the immediate removal of persons or property found on

private property, enter on private property to secure the removal if it is determined that

conditions exist on the property that constitute a violation of a city ordinance, and order

action to be taken as necessary to remedy, alleviate, or remove any substandard building

found to exist;

(4) Issue orders or directives to any peace officer of the state, including a sheriff or constable

or the chief of police of the city, to enforce and carry out the lawful orders or directives of

the commission;

(5) Determine the amount and duration of the civil penalty the city may recover against the

owner or owner’s representative with control over the premises on proof that such party was

actually notified of the provisions of the ordinance, and after receiving notice of the

ordinance provisions said party committed acts in violation of the ordinance or failed to take

action necessary for compliance with the ordinance, such civil penalty not to exceed

$1,000.00 a day for the violation of an ordinance, except not to exceed $5,000.00 per day

for a violation of an ordinance relating to point source effluent limitations or the discharge

of a pollutant, other than from a non-point source, into a sewer system, including a sanitary

or stormwater sewer system, owned or controlled by the city, all as provided by section

54.017, chapter 54, Local Government Code.

(Ordinance 115, sec. 3, adopted 6/6/00)

§ 3.03.004 Presentation of cases.

The chief building official of the city shall present all cases before the commission.

(Ordinance 115, sec. 4, adopted 6/6/00)

§ 3.03.005 Notice of hearing.

Notice of all proceedings before the commission must be given by certified mail, return receipt

requested, to the record owner of the affected property, and each holder of a recorded lien against the

affected property, as shown by the records of the office of the county clerk of the county in which the

affected property is located, if the address of the lienholder can be ascertained from the deed of trust

establishing the lien or other applicable instruments on file in the office of the county clerk; and to all

unknown owners, by posting a copy of the notice on the front door of each improvement situated on

the affected property or as close to the front door as practical. The notice shall be mailed and posted

before the tenth (10th) day before the date of the hearing before the commission and must state the

date, time, and place of the hearing. In addition, the notice must be published in the official newspaper

of the city on one (1) occasion before the tenth (10th) day before the date fixed for the hearing.

(Ordinance 115, sec. 5, adopted 6/6/00)

§ 3.03.006 Records of hearings.

The commission shall keep minutes of its proceedings showing the vote of each member on each

question or the fact that a member is absent or fails to vote. The commission shall keep records of

its examinations and other official actions. The minutes and records shall be filed immediately in the

office of the commission as public records.

(Ordinance 115, sec. 6, adopted 6/6/00)

§ 3.03.007 Effect of recording of civil penalty.

A determination by the commission which involves the establishment of an amount and duration of a

civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court

of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the

established penalty.

(Ordinance 115, sec. 7, adopted 6/6/00)

§ 3.03.008 Filing of order establishing civil penalty.

The city secretary shall file with the district clerk of the county in which the municipality and property

is located, a certified copy of the order of the commission establishing the amount and duration of any

civil penalty. Thereafter, pursuant to subchapter C, chapter 54, Local Government Code, no other proof

shall be required for a district court to enter final judgment on the penalty. Also, pursuant to section

54.040, an abstract of judgment lien may be issued.

(Ordinance 115, sec. 8, adopted 6/6/00)

§ 3.03.009 Judicial review.

Any persons jointly or severally aggrieved by any decision of the commission may present a petition to

a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying

the grounds of the legality [illegality]. The petition must be presented to the court within thirty (30)

calendar days after the date a copy of the final decision of the commission is mailed by first class mail,

certified, return receipt requested, to all persons to whom notice is required to be sent. The commission

shall mail such copy promptly after the decision becomes final. In addition, a copy shall be published

one (1) time in the official newspaper of the city within ten (10) calendar days after the date of the

mailing of the copy as herein provided, and a copy shall be filed in the office of the city secretary. On

presentation of the petition, the court may allow a writ of certiorari pursuant to subchapter C, chapter

54, Local Government Code. If no appeals are taken from the decision of the commission within the

required period, the decision of the commission shall, in all things, be final and binding.

(Ordinance 115, sec. 9, adopted 6/6/00)

§ 3.03.010 Municipal court proceedings not affected.

Action taken by the city under this article shall not affect the ability of the city to proceed under the

jurisdiction of the city’s municipal court.

(Ordinance 115, sec. 10, adopted 6/6/00)

ARTICLE 3.04

TECHNICAL AND CONSTRUCTION CODES AND STANDARDS

DIVISION 1

Generally

DIVISION 2

Building Code

§ 3.04.051 Adoption.

The 2015 edition of the International Building Code, as published by the International Code Council,

is hereby adopted, subject to certain exceptions and amendments contained herein, and designated as

the building code for the city, and is made a part hereof, as amended and pursuant to the provisions

contained herein. A copy of said code and ordinance shall be kept on file in the office of the city

secretary.

(Ordinance 299 adopted 4/11/17)

§ 3.04.052 Amendments or exceptions.

(a) For purposes of carrying out the provisions of the building code, the city council shall act as the

board of appeals and any reference in the code to the “board of appeals,” shall mean the city

council.

(b) Where, in any specific case, the general sections of the building code and the more specific

sections of another code or ordinance of the city (including, but not limited to such ordinances as

the city subdivision ordinance, the city zoning ordinance and the city fence ordinance) specify

different materials, methods of construction, or other requirements the specific requirements shall

be applicable, without affecting the validity of the remaining provisions of the building code

dealing with the same subject.

(Ordinance 299 adopted 4/11/17)

§ 3.04.053 Violations; penalties.

It shall be unlawful and an offense hereof for any person or entity to violate or fail to comply with

any provision of this division (and including, without limitation, any portion or provision of the 2015

edition of the International Building Code adopted hereby), and any person or entity violating or

failing to comply with any provision of this division shall be fined, upon conviction, in an amount

not to exceed $500.00 for each such offense, except, however, where a different penalty has been

established by state law for such offense, the penalty shall be that fixed by state law, and for any such

offense which is a violation of any provision of law that governs fire safety, zoning, or public health

and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed $2,000.00 for

each such offense, and a separate offense shall be deemed committed each day during or on which a

violation or failure to comply occurs or continues.

(Ordinance 299 adopted 4/11/17)

DIVISION 3

Electrical Code

§ 3.04.101 Adoption.

The 2014 edition of the National Electrical Code, as published by the National Fire Protection

Association, is hereby adopted, subject to certain exceptions and amendments contained herein, and

designated as the electrical code for the city, and is made a part hereof, as amended and pursuant to the

provisions contained herein. A copy of said code and ordinance shall be kept on file in the office of the

city secretary.

(Ordinance 299 adopted 4/11/17)

§ 3.04.102 Amendments and exceptions.

(a) For purposes of carrying out the provisions of the electrical code, the city council shall act as the

board of appeals and any reference in the code to the “board of appeals,” shall mean the city

council.

(b) Where, in any specific case, the general sections of the electrical code and the more specific

sections of another code or ordinance of the city (including, but not limited to such ordinances as

the city subdivision ordinance, the city zoning ordinance and the city fence ordinance) specify

different materials, methods of construction, or other requirements the specific requirements shall

be applicable, without affecting the validity of the remaining provisions of the electrical code

dealing with the same subject.

(Ordinance 299 adopted 4/11/17)

§ 3.04.103 Violations; penalty.

It shall be unlawful and an offense hereof for any person or entity to violate or fail to comply with

any provision of this division (and including, without limitation, any portion or provision of the 2014

edition of the National Electrical Code adopted hereby), and any person or entity violating or failing to

comply with any provision of this division shall be fined, upon conviction, in an amount not to exceed

$500.00 for each such offense, except, however, where a different penalty has been established by state

law for such offense, the penalty shall be that fixed by state law, and for any such offense which is

a violation of any provision of law that governs fire safety, zoning, or public health and sanitation,

including dumping of refuse, the penalty shall be a fine not to exceed $2,000.00 for each such offense,

and a separate offense shall be deemed committed each day during or on which a violation or failure

to comply occurs or continues.

(Ordinance 299 adopted 4/11/17)

DIVISION 4

Mechanical Code

§ 3.04.151 Adoption.

The 2015 edition of the International Mechanical Code, as published by the International Code

Council, is hereby adopted, subject to certain exceptions and amendments contained herein, and

designated as the mechanical code for the city, and is made a part hereof, as amended and pursuant to

the provisions contained herein. A copy of said code and ordinance shall be kept on file in the office

of the city secretary.

(Ordinance 299 adopted 4/11/17)

§ 3.04.152 Amendments and exceptions.

(a) For purposes of carrying out the provisions of the mechanical code, the city council shall act as

the board of appeals and any reference in the code to the “board of appeals,” shall mean the city

council.

(b) Where, in any specific case, the general sections of the mechanical code and the more specific

sections of another code or ordinance of the city (including, but not limited to such ordinances as

the city subdivision ordinance, the city zoning ordinance and the city fence ordinance) specify

different materials, methods of construction, or other requirements the specific requirements shall

be applicable, without affecting the validity of the remaining provisions of the mechanical code

dealing with the same subject.

(Ordinance 299 adopted 4/11/17)

§ 3.04.153 Violations; penalty.

It shall be unlawful and an offense hereof for any person or entity to violate or fail to comply with

any provision of this division (and including, without limitation, any portion or provision of the 2015

edition of the International Mechanical Code adopted hereby), and any person or entity violating or

failing to comply with any provision of this division shall be fined, upon conviction, in an amount

not to exceed $500.00 for each such offense, except, however, where a different penalty has been

established by state law for such offense, the penalty shall be that fixed by state law, and for any such

offense which is a violation of any provision of law that governs fire safety, zoning, or public health

and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed $2,000.00 for

each such offense, and a separate offense shall be deemed committed each day during or on which a

violation or failure to comply occurs or continues.

(Ordinance 299 adopted 4/11/17)

DIVISION 5

Plumbing Code

§ 3.04.201 Adoption.

The 2015 edition of the International Plumbing Code, as published by the International Code Council,

is hereby adopted, subject to certain exceptions and amendments contained herein, and designated as

the plumbing code for the city, and is made a part hereof, as amended and pursuant to the provisions

contained herein. A copy of said code and ordinance shall be kept on file in the office of the city

secretary.

(Ordinance 299 adopted 4/11/17)

§ 3.04.202 Amendments and exceptions.

(a) For purposes of carrying out the provisions of the plumbing code, the city council shall act as the

board of appeals and any reference in the code to the “board of appeals,” shall mean the city

council.

(b) Where, in any specific case, the general sections of the plumbing code and the more specific

sections of another code or ordinance of the city (including, but not limited to such ordinances as

the city subdivision ordinance, the city zoning ordinance and the city fence ordinance) specify

different materials, methods of construction, or other requirements the specific requirements shall

be applicable, without affecting the validity of the remaining provisions of the plumbing code

dealing with the same subject.

(Ordinance 299 adopted 4/11/17)

§ 3.04.203 Violations; penalty.

It shall be unlawful and an offense hereof for any person or entity to violate or fail to comply with

any provision of this division (and including, without limitation, any portion or provision of the 2015

edition of the International Plumbing Code adopted hereby), and any person or entity violating or

failing to comply with any provision of this division shall be fined, upon conviction, in an amount

not to exceed $500.00 for each such offense, except, however, where a different penalty has been

established by state law for such offense, the penalty shall be that fixed by state law, and for any such

offense which is a violation of any provision of law that governs fire safety, zoning, or public health

and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed $2,000.00 for

each such offense, and a separate offense shall be deemed committed each day during or on which a

violation or failure to comply occurs or continues.

(Ordinance 299 adopted 4/11/17)

DIVISION 6

Energy Conservation Code

§ 3.04.251 Adoption.

The 2015 edition of the International Energy Conservation Code, as published by the International

Code Council, is hereby adopted, subject to certain exceptions and amendments contained herein, and

designated as the energy conservation code for the city, and is made a part hereof, as amended and

pursuant to the provisions contained herein. A copy of said code and ordinance shall be kept on file in

the office of the city secretary.

(Ordinance 299 adopted 4/11/17)

§ 3.04.252 Amendments and exceptions.

(a) For purposes of carrying out the provisions of the energy conservation code, the city council shall

act as the board of appeals and any reference in the code to the “board of appeals,” shall mean the

city council.

(b) Where, in any specific case, the general sections of the energy conservation code and the more

specific sections of another code or ordinance of the city (including, but not limited to such

ordinances as the city subdivision ordinance, the city zoning ordinance and the city fence

ordinance) specify different materials, methods of construction, or other requirements the specific

requirements shall be applicable, without affecting the validity of the remaining provisions of the

energy conservation code dealing with the same subject.

(Ordinance 299 adopted 4/11/17)

§ 3.04.253 Violations; penalty.

It shall be unlawful and an offense hereof for any person or entity to violate or fail to comply with

any provision of this division (and including, without limitation, any portion or provision of the 2015

edition of the International Energy Conservation Code adopted hereby), and any person or entity

violating or failing to comply with any provision of this division shall be fined, upon conviction, in an

amount not to exceed $500.00 for each such offense, except, however, where a different penalty has

been established by state law for such offense, the penalty shall be that fixed by state law, and for any

such offense which is a violation of any provision of law that governs fire safety, zoning, or public

health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed $2,000.00

for each such offense, and a separate offense shall be deemed committed each day during or on which

a violation or failure to comply occurs or continues.

(Ordinance 299 adopted 4/11/17)

ARTICLE 3.05

DANGEROUS BUILDINGS AND STRUCTURES

§ 3.05.001 Definition.

Dangerous buildings and structures are defined as:

(1) All buildings or structures of any nature, including any trailer houses, mobile homes, wells, septic

tanks or swimming pools, that are found to be dangerous, dilapidated, or a fire hazard, and a

hazard to the public health, safety, and welfare, because of one or more violations of the building

codes as adopted by the city;

(2) Regardless of structural condition, those buildings or structures unoccupied by the owners,

lessees or other invitees, and unsecured from unauthorized entry to the extent it could be entered

or used by vagrants or other uninvited persons as a place of harborage or could be entered or used

by children; or

(3) Despite being secured in any manner, the means of securing the building or structure are

inadequate to prevent unauthorized entry or use in a manner described by subsection (2) of this

section.

(Ordinance 87, sec. 1, adopted 4/4/95)

§ 3.05.002 Declaration of nuisance.

All dangerous structures within the terms of section 3.05.001 are hereby declared to be public

nuisances and shall be repaired, vacated, or demolished as provided in this article.

(Ordinance 87, sec. 2, adopted 4/4/95)

§ 3.05.003 Standards for ordering repair, vacation or demolition.

The following standards shall be followed by the building official, the fire marshal, and the building

and standards commission, under the terms of this article, in ordering repair, vacation or demolition:

(1) If the dangerous structure can reasonably be repaired so that it will no longer exist in violation of

this article, it shall be ordered repaired.

(2) If the dangerous structure is in such a condition as to make it dangerous to the health, safety, or

general welfare of its occupants, it shall be ordered to be vacated.

(3) In any case where a dangerous structure is fifty percent (50%) or more damaged, decayed, or

deteriorated from its original value or structure, it shall be demolished, and in all cases where a

structure cannot be repaired so that it will no longer exist in violation of the terms of this article,

it shall be demolished. In all cases where a dangerous structure is a fire hazard existing or erected

in violation of the terms of this article or any ordinance of the city or statutes of the state, it shall

be demolished. Included in the term “demolished” in this article is the cleaning of the property

and removing of all debris and trash.

(Ordinance 87, sec. 3, adopted 4/4/95; Ordinance adopting Code)

§ 3.05.004 Duties of building official or fire marshal.

The duties of the building official or fire marshal under this article shall be as follows:

(1) Inspect or cause to be inspected annually all public buildings, schools, halls, churches, or other

structures as may be deemed necessary for the purpose of determining whether any conditions

exist which render such places a dangerous structure.

(2) Inspect any building, wall, or structure about which complaints are filed by any person to the

effect that a building, wall, or structure is or may be existing in violation of this article.

(3) Inspect any building, wall, or structure reported by the fire or police department of the city as

probably existing in violation of the terms of this article.

(4) Notify in writing, by certified mail, the owner, occupant, lessee, mortgagee, agent, and all other

persons having an interest in such building or structure as shown by the city’s tax roll or the deed

records of the county clerk, of any building or structure found by them to be a dangerous building,

stating that:

(A) The owner shall vacate, repair, or demolish the building or structure in accordance with the

terms of this notice and this article;

(B) The occupant or lessee shall vacate the building or may have it repaired in accordance with

the notice and remain in possession;

(C) The mortgagee, agent, or other persons having an interest in the building or structure as

shown by the deed records of the county clerk may, at his own risk, repair, vacate, or

demolish the structure or have such work or act done; provided that any person notified

under this subsection to repair, vacate, or demolish any structure shall be given such

reasonable time, not exceeding 90 days, as may be necessary to do or have done the work

or act required by the notice provided for herein.

(5) Set forth in the notice provided for in subsection (4) of this section a description of the building

or structure deemed unsafe, a statement of the particulars which make the structure a dangerous

structure and an order requiring the same to be put in such condition as to comply with the terms

of this article within such length of time, not exceeding 90 days, as is reasonable.

(6) Report to the building and standards commission any noncompliance with the “notice” provided

for in subsections (4) and (5) of this section.

(7) Appear at all hearings conducted by the building and standards commission and testify as to the

conditions of dangerous buildings.

(8) Place a notice on all dangerous structures upon determination, reading as follows:

This building has been found to be a dangerous building by the City of Lowry Crossing Building

Official or Fire Marshal. This notice is to remain on this building until it is repaired, vacated,

or demolished in accordance with the notice which has been given the owner, occupant, lessee,

mortgagee, or agent of this building, and all other persons having an interest in said building

as shown by the Deed Records in the office of the County Clerk of Collin County, Texas. It is

unlawful to remove this notice until such notice is complied with.

(Ordinance 87, sec. 4, adopted 4/4/95; Ordinance adopting Code)

§ 3.05.005 Building and standards commission.

(a) The duties of the building and standards commission under this article shall be as follows:

(1) Upon receipt of a report of the building official or fire marshal as provided for in section

3.05.004(6), written notice by certified mail is to be given to the owner, occupant,

mortgagee, lessee, agent, and all other persons having an interest in the structure as shown

by the deed records of the county clerk’s office to appear before the building and standards

commission on a date specified in the notice to show cause why the building or structure

reported to be a dangerous structure should not be repaired, vacated, or demolished in

accordance with the statement of particulars set forth in the building official’s and fire

marshal’s notice provided for in section 3.05.004(5).

(2) Hold a hearing and hear such testimony as the building official or fire marshal and the

owner, occupant, mortgagee, lessee, or any other person having an interest in the structure

as shown by the deed records of the county clerk’s office shall offer relative to the

determination of the question of whether the building or structure in question is a dangerous

structure.

(3) Make written findings of fact from the testimony offered pursuant to subsection (2) of this

section as to whether or not the building in question is a dangerous structure.

(4) Upon a determination that the building or structure in question does constitute a dangerous

building, issue an order based upon findings of fact made pursuant to subsection (3) of this

section commanding the owner, occupant, mortgagee, lessee, or all other persons having an

interest in the building as shown by the deed records of the county clerk’s office to repair,

vacate, or demolish any structure found to be a dangerous building within the terms of this

article.

(5) If, at the expiration of sixty (60) days from a determination by the building and standards

commission that a building or structure is to be demolished, the same has not been

destroyed, it may be demolished at the expense of the owner thereof by the city or its

contractor. The materials of such structure shall be sold and the net cost of the demolition

shall be charged to the owner and, if any balance remains, it shall be held for the owner or

any other parties entitled thereto. If the cost of the demolition exceeds the value of the

materials of such building, such excess shall be charged as a lien upon the real property on

which the building is situated and the city may file suit to foreclose and satisfy the lien to

the extent allowed by law.

(b) If no building and standards commission is currently serving, then the city council shall serve as

the building and standards commission for purposes herein.

(Ordinance 87, sec. 5, adopted 4/4/95; Ordinance adopting Code)

§ 3.05.006 Mailing and posting of notice when owner, occupant, etc., is absent from city.

In cases, save those that constitute a clear and present danger, where the owner, occupant, lessee, or

mortgagee is absent from the city, all notices or orders provided for in this article shall be sent by

certified mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest in

the structure as shown by the deed records of the county clerk’s office, to the last known address of

each, and a copy of such notice shall be posted in a conspicuous place on the building or structure in

question. Such mailing and posting shall be deemed sufficient notice for the building and standards

commission to hold its hearing.

(Ordinance 87, sec. 6, adopted 4/4/95; Ordinance adopting Code)

§ 3.05.007 Applicability.

The provisions contained herein shall apply to all dangerous buildings, as herein defined, which are

now in existence or which may hereafter became dangerous in the jurisdiction of the city.

(Ordinance 87, sec. 7, adopted 4/4/95)

§ 3.05.008 Penalty.

Any person, firm, company, partnership, corporation, or association violating any provision of this

article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount

of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each

such violation, and each and every day that the provisions of this article are violated shall constitute a

separate and distinct offense.

(Ordinance 87, sec. 10, adopted 4/4/95)

ARTICLE 3.06

FLOOD DAMAGE PREVENTION

§ 3.06.001 Statutory authorization, findings of fact, purpose and methods.

(a) Statutory authorization.The legislature of the state has, in the Flood Control Insurance Act,

Texas Water Code, section 16.315, delegated the responsibility to local governmental units to

adopt regulations designed to minimize flood losses. Therefore, the city does ordain as follows.

(b) Findings of fact.

(1) The flood hazard areas of the city are subject to periodic inundation, which results in loss of

life and property, health and safety hazards, disruption of commerce and governmental

services, and extraordinary public expenditures for flood protection and relief, all of which

adversely affect the public health, safety and general welfare.

(2) These flood losses are created by the cumulative effect of obstructions in floodplains which

cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas

by uses vulnerable to floods and hazardous to other lands because they are inadequately

elevated, floodproofed or otherwise protected from flood damage.

(c) Statement of purpose.It is the purpose of this article to promote the public health, safety and

general welfare and to minimize public and private losses due to flood conditions in specific

areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,

telephone and sewer lines, streets and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development of

floodprone areas in such a manner as to minimize future flood blight areas; and

(7) Insure that potential buyers are notified that property is in a flood area.

(d) Methods of reducing flood losses.In order to accomplish its purposes, this article uses the

following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or

cause excessive increases in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be

protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective

barriers, which are involved in the accommodation of floodwaters;

(4) Control filling, grading, dredging and other development which may increase flood damage;

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert

floodwaters or which may increase flood hazards to other lands.

(Ordinance 208, art. 1, adopted 4/7/09)

§ 3.06.002 Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted to give

them the meaning they have in common usage and to give this article its most reasonable application.

Alluvial fan flooding. Flooding occurring on the surface of an alluvial fan or similar landform which

originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment

transport, and deposition; and unpredictable flow paths.

Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream

that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appurtenant structure. A structure which is on the same parcel of property as the principal structure to

be insured and the use of which is incidental to the use of the principal structure.

Area of future conditions flood hazard. The land area that would be inundated by the 1 percent annual

chance (100-year) flood based on future conditions hydrology.

Area of shallow flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s

flood insurance rate map (FIRM) with a 1 percent or greater annual chance of flooding to an average

depth of 1 to 3 feet, where a clearly defined channel does not exist, where the path of flooding is

unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or

sheet flow.

Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or

greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard

boundary map (FHBM). After detailed rate-making has been completed in preparation for publication

of the FIRM, zone A usually is refined into zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/

AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.

Base flood. The flood having a 1 percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE). The elevation shown on the flood insurance rate map (FIRM) and found

in the accompanying flood insurance study (FIS) for zone A, AE, AH, A1-A30, AR, V1-V30, or VE

that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or

exceeding that level in any given year, also called the base flood.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through

its design and construction to collapse under specific lateral loading forces, without causing damage to

the elevated portion of the building or supporting foundation system.

Critical feature. An integral and readily identifiable part of a flood protection system, without which

the flood protection provided by the entire system would be compromised.

Development. Any man-made change to improved and unimproved real estate, including but not

limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or

drilling operations or storage of equipment or materials.

Elevated building. For insurance purposes, a non-basement building which has its lowest elevated floor

raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Existing construction. For the purposes of determining rates, structures for which the “start of

construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs

effective before that date. “Existing construction” may also be referred to as “existing structures.”

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which

the construction of facilities for servicing the lots on which the manufactured homes are to be affixed

(including, at a minimum, the installation of utilities, the construction of streets, and either final site

grading or the pouring of concrete pads) is completed before the effective date of the floodplain

management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites

by the construction of facilities for servicing the lots on which the manufactured homes are to be

affixed (including the installation of utilities, the construction of streets, and either final site grading or

the pouring of concrete pads).

Flood or flooding. A general and temporary condition of partial or complete inundation of normally

dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood elevation study. An examination, evaluation and determination of flood hazards and, if

appropriate, corresponding water surface elevations, or an examination, evaluation and determination

of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood hazard boundary map (FHBM). An official map of a community, issued by the administrator,

where the boundaries of the flood, [and] mudslide (i.e., mudflow) related erosion areas having special

hazards have been designated as zones A, M, and/or E.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency

Management Agency has delineated both the special flood hazard areas and the risk premium zones

applicable to the community.

Flood insurance study (FIS). See “Flood elevation study.”

Floodplain or floodprone area. Any land area susceptible to being inundated by water from any source

(see definition of flooding).

Floodplain management. The operation of an overall program of corrective and preventive measures

for reducing flood damage, including but not limited to emergency preparedness plans, flood control

works and floodplain management regulations.

Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes,

health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and

erosion control ordinance) and other applications of police power. The term describes such state or

local regulations, in any combination thereof, which provide standards for the purpose of flood damage

prevention and reduction.

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to

structures which reduce or eliminate flood damage to real estate or improved real property, water and

sanitary facilities, structures and their contents.

Flood protection system. Those physical structural works for which funds have been authorized,

appropriated, and expended and which have been constructed specifically to modify flooding in order

to reduce the extent of the area within a community subject to a “special flood hazard” and the

extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers,

dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in

conformance with sound engineering standards.

Floodway. See “Regulatory floodway” [sic].

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or

carried out in close proximity to water. The term includes only docking facilities, port facilities that

are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair

facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next

to the proposed walls of a structure.

Historic structure. Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the

Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting

the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the

historical significance of a registered historic district or a district preliminarily determined by the

Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation

programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic

preservation programs that have been certified either:

(A) By an approved state program as determined by the Secretary of the Interior; or

(B) Directly by the Secretary of the Interior in states without approved programs.

Levee. A man-made structure, usually an earthen embankment, designed and constructed in

accordance with sound engineering practices to contain, control, or divert the flow of water so as to

provide protection from temporary flooding.

Levee system. A flood protection system which consists of a levee, or levees, and associated structures,

such as closure and drainage devices, which are constructed and operated in accordance with sound

engineering practices.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or

flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area

other than a basement area is not considered a building’s lowest floor, provided that such enclosure is

not built so as to render the structure in violation of the applicable non-elevation design requirement of

section 60.3 of the National Flood Insurance Program regulations.

Manufactured home. A structure transportable in one or more sections, which is built on a permanent

chassis and is designed for use with or without a permanent foundation when connected to the required

utilities. The term “manufactured home” does not include a “recreational vehicle.”

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or

more manufactured home lots for rent or sale.

Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical

Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood

insurance rate map are referenced.

New construction. For the purpose of determining insurance rates, structures for which the “start of

construction” commenced on or after the effective date of an initial FIRM or after December 31,

1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain

management purposes, “new construction” means structures for which the “start of construction”

commenced on or after the effective date of a floodplain management regulation adopted by a

community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which

the construction of facilities for servicing the lots on which the manufactured homes are to be affixed

(including, at a minimum, the installation of utilities, the construction of streets, and either final site

grading or the pouring of concrete pads) is completed on or after the effective date of floodplain

management regulations adopted by a community.

Recreational vehicle. A vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for

recreational, camping, travel, or seasonal use.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Special flood hazard area. See “Area of special flood hazard.”

Start of construction. For other than new construction or substantial improvements under the Coastal

Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the

building permit was issued, provided the actual start of construction, repair, reconstruction,

rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The

actual start means either the first placement of permanent construction of a structure on a site, such

as the pouring of slab or footings, the installation of piles, the construction of columns, or any work

beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent

construction does not include land preparation, such as clearing, grading and filling; nor does it include

the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers

or foundations or the erection of temporary forms; nor does it include the installation on the property

of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main

structure. For a substantial improvement, the actual start of construction means the first alteration of

any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the

external dimensions of the building.

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid

storage tank, which is principally above ground, as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the

structure to its before-damaged condition would equal or exceed 50 percent of the market value of the

structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a

structure, the cost of which equals or exceeds 50 percent of the market value of the structure before

“start of construction” of the improvement. This term includes structures which have incurred

“substantial damage,” regardless of the actual repair work performed. The term does not, however,

include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health,

sanitary, or safety code specifications which have been identified by the local code enforcement

official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the

structure’s continued designation as a “historic structure.”

Variance. A grant of relief by a community from the terms of a floodplain management regulation.

(For full requirements see section 60.6 of the National Flood Insurance Program regulations.)

Violation. The failure of a structure or other development to be fully compliant with the community’s

floodplain management regulations. A structure or other development without the elevation certificate,

other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10),

(d)(3), (e)(2), (e)(4), or (e)(5) [of the National Flood Insurance Program regulations] is presumed to be

in violation until such time as that documentation is provided.

Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD)

of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the

floodplains of coastal or riverine areas.

(Ordinance 208, art. 2, adopted 4/7/09)

§ 3.06.003 General provisions.

(a) Lands to which this article applies.This article shall apply to all areas of special flood hazard

within the jurisdiction of the city.

(b) Basis for establishing areas of special flood hazard.The areas of special flood hazard identified

by the Federal Emergency Management Agency in the current scientific and engineering report

entitled “The Flood Insurance Study (FIS) for Colin County, Texas and Incorporated Areas,”

dated June 2, 2009, with accompanying flood insurance rate maps dated June 2, 2009, and any

revisions thereto, are hereby adopted by reference and declared to be a part of this article.

(c) Establishment of development permit.A floodplain development permit shall be required to

ensure conformance with the provisions of this article.

(d) Compliance.No structure or land shall hereafter be located, altered, or have its use changed

without full compliance with the terms of this article and other applicable regulations.

(e) Abrogation and greater restrictions.This article is not intended to repeal, abrogate, or impair any

existing easements, covenants, or deed restrictions. However, where this article and another

ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the

more stringent restrictions shall prevail.

(f) Interpretation.In the interpretation and application of this article, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

(g) Warning and disclaimer of liability.The degree of flood protection required by this article is

considered reasonable for regulatory purposes and is based on scientific and engineering

considerations. On rare occasions greater floods can and will occur and flood heights may be

increased by man-made or natural causes. This article does not imply that land outside the areas

of special flood hazards or uses permitted within such areas will be free from flooding or flood

damages. This article shall not create liability on the part of the community or any official or

employee thereof for any flood damages that result from reliance on this article or any

administrative decision lawfully made hereunder.

(Ordinance 208, art. 3, adopted 4/7/09)

§ 3.06.004 Administration.

(a) Designation of floodplain administrator.The mayor or designee is hereby appointed the

floodplain administrator to administer and implement the provisions of this article and other

appropriate sections of 44 CFR (Emergency Management and Assistance, National Flood

Insurance Program regulations) pertaining to floodplain management.

(b) Duties and responsibilities of floodplain administrator.Duties and responsibilities of the

floodplain administrator shall include, but not be limited to, the following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions of this

article.

(2) Review permit applications to determine whether to ensure that the proposed building site

project, including the placement of manufactured homes, will be reasonably safe from

flooding.

(3) Review, approve or deny all applications for development permits required by adoption of

this article.

(4) Review permits for proposed development to assure that all necessary permits have been

obtained from those federal, state or local governmental agencies (including section 404 of

the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which

prior approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries of the areas of

special flood hazards (for example, where there appears to be a conflict between a mapped

boundary and actual field conditions), the floodplain administrator shall make the necessary

interpretation.

(6) Notify, in riverine situations, adjacent communities and the state coordinating agency,

which is the state water development board (TWDB), and also the state commission on

environmental quality (TCEQ), prior to any alteration or relocation of a watercourse, and

submit evidence of such notification to the Federal Emergency Management Agency.

(7) Assure that the flood-carrying capacity within the altered or relocated portion of any

watercourse is maintained.

(8) When base flood elevation data has not been provided in accordance with section

3.06.003(b), the floodplain administrator shall obtain, review and reasonably utilize any

base flood elevation data and floodway data available from a federal, state or other source,

in order to administer the provisions of section 3.06.005.

(c) Permit procedures.

(1) Application for a floodplain development permit shall be presented to the floodplain

administrator on forms furnished by him/her and may include, but not be limited to, plans

in duplicate drawn to scale showing the location, dimensions, and elevation of proposed

landscape alterations, existing and proposed structures, including the placement of

manufactured homes, and the location of the foregoing in relation to areas of special flood

hazard. Additionally, the following information is required:

(A) Elevation (in relation to mean sea level) of the lowest floor (including basement) of all

new and substantially improved structures;

(B) Elevation in relation to mean sea level to which any nonresidential structure shall be

floodproofed;

(C) A certificate from a registered professional engineer or architect that the nonresidential

floodproofed structure shall meet the floodproofing criteria of section 3.06.005(b)(2);

(D) Description of the extent to which any watercourse or natural drainage will be altered

or relocated as a result of proposed development;

(E) Maintain a record of all such information in accordance with section 3.06.004(b)(1).

(2) Approval or denial of a floodplain development permit by the floodplain administrator shall

be based on all of the provisions of this article and the following relevant factors:

(A) The danger to life and property due to flooding or erosion damage;

(B) The susceptibility of the proposed facility and its contents to flood damage and the

effect of such damage on the individual owner;

(C) The danger that materials may be swept onto other lands to the injury of others;

(D) The compatibility of the proposed use with existing and anticipated development;

(E) The safety of access to the property in times of flood for ordinary and emergency

vehicles;

(F) The costs of providing governmental services during and after flood conditions,

including maintenance and repair of streets and bridges, and public utilities and

facilities such as sewer, gas, electrical and water systems;

(G) The expected heights, velocity, duration, rate of rise and sediment transport of the

floodwaters and the effects of wave action, if applicable, expected at the site;

(H) The necessity to the facility of a waterfront location, where applicable;

(I) The availability of alternative locations, not subject to flooding or erosion damage, for

the proposed use.

(d) Variance procedures.

(1) The city council shall hear and render judgment on requests for variances from the

requirements of this article.

(2) The city council shall hear and render judgment on an appeal only when it is alleged there

is an error in any requirement, decision, or determination made by the floodplain

administrator in the enforcement or administration of this article.

(3) Any person or persons aggrieved by the decision of the city council may appeal such

decision in the courts of competent jurisdiction.

(4) The floodplain administrator shall maintain a record of all actions involving an appeal and

shall report variances to the Federal Emergency Management Agency upon request.

(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures

listed on the National Register of Historic Places or the state inventory of historic places,

without regard to the procedures set forth in the remainder of this article.

(6) Variances may be issued for new construction and substantial improvements to be erected

on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing

structures constructed below the base flood level, providing the relevant factors in

subsection (c)(2) of this section have been fully considered. As the lot size increases beyond

the 1/2 acre, the technical justification required for issuing the variance increases.

(7) Upon consideration of the factors noted above and the intent of this article, the city council

may attach such conditions to the granting of variances as it deems necessary to further the

purpose and objectives of this article (section 3.06.001(c)).

(8) Variances shall not be issued within any designated floodway if any increase in flood levels

during the base flood discharge would result.

(9) Variances may be issued for the repair or rehabilitation of historic structures upon a

determination that the proposed repair or rehabilitation will not preclude the structure’s

continued designation as a historic structure and the variance is the minimum necessary to

preserve the historic character and design of the structure.

(10) Prerequisites for granting variances:

(A) Variances shall only be issued upon a determination that the variance is the minimum

necessary, considering the flood hazard, to afford relief.

(B) Variances shall only be issued upon:

(i) Showing a good and sufficient cause;

(ii) A determination that failure to grant the variance would result in exceptional

hardship to the applicant; and

(iii) A determination that the granting of a variance will not result in increased flood

heights, additional threats to public safety, or extraordinary public expense,

create nuisances, cause fraud on or victimization of the public, or conflict with

existing local laws or ordinances.

(C) Any applicant to which a variance is granted shall be given written notice that the

structure will be permitted to be built with the lowest floor elevation below the base

flood elevation, and that the cost of flood insurance will be commensurate with the

increased risk resulting from the reduced lowest floor elevation.

(11) Variances may be issued by a community for new construction and substantial

improvements and for other development necessary for the conduct of a functionally

dependent use provided that:

(A) The criteria outlined in subsections (d)(1) through (9) of this section are met; and

(B) The structure or other development is protected by methods that minimize flood

damages during the base flood and create no additional threats to public safety.

(Ordinance 208, art. 4, adopted 4/7/09; Ordinance adopting Code)

§ 3.06.005 Flood hazard reduction standards; penalty.

(a) General standards.In all areas of special flood hazards, the following provisions are required for

all new construction and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified) and

adequately anchored to prevent flotation, collapse or lateral movement of the structure

resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2) All new construction or substantial improvements shall be constructed by methods and

practices that minimize flood damage;

(3) All new construction or substantial improvements shall be constructed with materials

resistant to flood damage;

(4) All new construction or substantial improvements shall be constructed with electrical,

heating, ventilation, plumbing, and air conditioning equipment and other service facilities

that are designed and/or located so as to prevent water from entering or accumulating within

the components during conditions of flooding;

(5) All new and replacement water supply systems shall be designed to minimize or eliminate

infiltration of floodwaters into the system;

(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate

infiltration of floodwaters into the system and discharge from the systems into floodwaters;

and

(7) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding.

(b) Specific standards.In all areas of special flood hazards where base flood elevation data has been

provided as set forth in section 3.06.003(b), section 3.06.004(b)(8), or subsection (c)(3) of this

section, the following provisions are required:

(1) Residential construction.New construction and substantial improvement of any residential

structure shall have the lowest floor (including basement) elevated to two (2) feet above

the base flood elevation. A registered professional engineer, architect, or land surveyor

shall submit a certification to the floodplain administrator that the standard of this

subsection, as proposed in section 3.06.004(c)(1)(A), is satisfied.

(2) Nonresidential construction.New construction and substantial improvements of any

commercial, industrial or other nonresidential structure shall either have the lowest floor

(including basement) elevated to two (2) feet above the base flood level or, together with

attendant utility and sanitary facilities, be designed so that below the base flood level the

structure is watertight with walls substantially impermeable to the passage of water and

with structural components having the capability of resisting hydrostatic and

hydrodynamic loads and effects of buoyancy. A registered professional engineer or

architect shall develop and/or review structural design, specifications, and plans for the

construction, and shall certify that the design and methods of construction are in

accordance with accepted standards of practice as outlined in this subsection. A record of

such certification which includes the specific elevation (in relation to mean sea level) to

which such structures are floodproofed shall be maintained by the floodplain administrator.

(3) Enclosures.New construction and substantial improvements with fully enclosed areas

below the lowest floor that are usable solely for parking of vehicles, building access or

storage in an area other than a basement and which are subject to flooding shall be

designed to automatically equalize hydrostatic flood forces on exterior walls by allowing

for the entry and exit of floodwaters. Designs for meeting this requirement must either be

certified by a registered professional engineer or architect or meet or exceed the following

minimum criteria:

(A) A minimum of two openings on separate walls having a total net area of not less than

1 square inch for every square foot of enclosed area subject to flooding shall be

provided.

(B) The bottom of all openings shall be no higher than 1 foot above grade.

(C) Openings may be equipped with screens, louvers, valves, or other coverings or devices

provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured homes.

(A) Require that all manufactured homes to be placed within zone A on a community’s

FIRM shall be installed using methods and practices that minimize flood damage. For

the purposes of this requirement, manufactured homes must be elevated and anchored

to resist flotation, collapse, or lateral movement. Methods of anchoring may include,

but are not limited to, use of over-the-top or frame ties to ground anchors. This

requirement is in addition to applicable state and local anchoring requirements for

resisting wind forces.

(B) Require that manufactured homes that are placed or substantially improved within

zones A1-30, AH, and AE on the community’s FIRM on sites (i) outside of a

manufactured home park or subdivision, (ii) in a new manufactured home park or

subdivision, (iii) in an expansion to an existing manufactured home park or

subdivision, or (iv) in an existing manufactured home park or subdivision on which a

manufactured home has incurred “substantial damage” as a result of a flood, be

elevated on a permanent foundation such that the lowest floor of the manufactured

home is elevated to two (2) feet above the base flood elevation and be securely

anchored to an adequately anchored foundation system to resist flotation, collapse, and

lateral movement.

(C) Require that manufactured homes being placed or substantially improved on sites in

an existing manufactured home park or subdivision within zones A1-30, AH and AE

on the community’s FIRM that are not subject to the provisions of subsection (4) of

this section be elevated so that either:

(i) The lowest floor of the manufactured home is at two (2) feet above the base flood

elevation; or

(ii) The manufactured home chassis is supported by reinforced piers or other

foundation elements of at least equivalent strength that are no less than 36 inches

in height above grade and be securely anchored to an adequately anchored

foundation system to resist flotation, collapse, and lateral movement.

(c) Standards for subdivision proposals.

(1) All subdivision proposals, including the placement of manufactured home parks and

subdivisions, shall be consistent with section 3.06.001(b), (c), and (d) of this article.

(2) All proposals for the development of subdivisions, including the placement of manufactured

home parks and subdivisions, shall meet floodplain development permit requirements of

section 3.06.003(c) and section 3.06.004(c) and the provisions of this section.

(3) Base flood elevation data shall be generated for subdivision proposals and other proposed

development, including the placement of manufactured home parks and subdivisions, which

is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to

section 3.06.003(b) or section 3.06.004(b)(8) of this article.

(4) Base flood elevation data shall be generated by a detailed engineering study for all zone A

areas, within 100 feet of the contour lines of zone A areas, and other streams not mapped by

FEMA, as indicated on the community’s FIRM.

(5) All subdivision proposals, including the placement of manufactured home parks and

subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

(6) All subdivision proposals, including the placement of manufactured home parks and

subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water

systems located and constructed to minimize or eliminate flood damage.

(d) Penalty.No structure or land shall hereafter be constructed, located, extended, converted, or

altered without full compliance with the terms of this article and other applicable regulations.

Violation of the provisions of this article by failure to comply with any of its requirements

(including violations of conditions and safeguards established in connection with conditions)

shall constitute a misdemeanor. Any person who violates this article or fails to comply with any

of its requirements shall upon conviction thereof be fined not more than $2,000.00 for each

violation, and in addition shall pay all costs and expenses involved in the case. Each day a

violation occurs is a separate offense. Nothing herein contained shall prevent the city from

taking such other lawful action as is necessary to prevent or remedy any violation.

(Ordinance 208, art. 5, adopted 4/7/09)

ARTICLE 3.07

FENCES

§ 3.07.001 Purpose; applicability.

The purpose of this article is to require fences around all swimming pools, and to regulate the

construction, erection, enlargement, alteration, and maintenance of all fences within the boundaries

of the city in order to provide a practical safeguarding of life, health, and property from hazards that

may arise from improper construction and/or maintenance of such installation. However, except for the

requirement for fences around swimming pools, this article and the provisions hereof shall not apply

to fences erected or maintained in districts zoned Agriculture.

(Ordinance 36, sec. II, adopted 3/6/90)

§ 3.07.002 Permit to install or alter.

(a) Except for normal maintenance actions, it shall be unlawful for any person, firm, company,

partnership, corporation or association to install, alter, or make addition to a fence, or to cause or

permit said activities, without first having obtained a permit to do so from the building official.

(b) Permit fees shall be as defined in the latest schedule of permit fees as adopted by the city council.

(c) Any application for a fence permit shall contain a plot plan showing the lot size, all improvements

on the lot, and the proposed location of the fence to be constructed before a permit will be issued.

(d) The building official may refuse to issue a permit under this section to any person who has been

convicted of a violation of any provision of this article.

(Ordinance 36, sec. III, adopted 3/6/90)

§ 3.07.003 Inspection.

When any fence for which a permit has been issued under this article is completed, it must be inspected.

The building official shall be notified by the permit holder upon completion of the fence. The building

official will certify acceptance if the fence complies with the provisions of this article or reject the

fence if it does not comply.

(Ordinance 36, sec. XII, adopted 3/6/90)

§ 3.07.004 Maintenance.

All fences constructed under the provisions of this article shall be maintained so as to comply with the

requirements of this article at all times. Such requirements include, but are not necessarily limited to,

the following maintenance standards:

(1) The fence shall not be out of vertical alignment more than one foot (1') from the vertical measured

at the top of the fence. Except, however, for fencing four feet (4') or less in height, the vertical

alignment shall not be more than six inches (6") from the vertical measured from the top of the

fence.

(2) Any and all broken, loose, damaged, insect-damaged, or missing fence parts (i.e., slats, posts,

wood rails, bricks, and panels) having a combined total area of twenty (20) square feet or more

of said fence shall be replaced or repaired within sixty (60) days of receipt of notice from the city

that the fence is noncompliant. Fences enclosing swimming pools or spas must be repaired

immediately. Repairs of any nature shall be made with materials of comparable composition,

color, size, shape, and quality of the original fence to which the repair is being made. Nothing

herein shall be construed so as to prohibit the complete removal of a fence, unless such fence

encloses a swimming pool or spa.

(Ordinance 318 adopted 5/14/19)

§ 3.07.005 Appeals.

Any appeal from an interpretation by the building official of the provisions of this article shall be made

to the city council.

(Ordinance 36, sec. XIV, adopted 3/6/90)

§ 3.07.006 Swimming pool enclosures.

(a) Enclosure required.

(1) Every swimming pool or excavation designed or intended to ultimately become a swimming

pool shall, while under construction as well as after completion, be continuously protected

by an enclosure surrounding the pool or excavated area in such a manner as to make such

pool or excavated area reasonably inaccessible to small children or animals.

(2) Exceptions to subsection (a)(1) above:

(A) This provision shall not apply to:

(i) Bodies of water other than swimming pools, such as farm ponds and stock tanks;

and

(ii) Bodies of water located in natural drainageways.

(B) In single-family occupancies, the enclosure may surround the entire single-family

premises.

(C) In multifamily occupancies, the enclosure may include the courtyard which surrounds

the pool.

(b) Standards.An enclosure shall be a fence, wall, or building not less than forty-eight inches (48")

in height with no openings, holes or gaps larger than four inches (4") across measured in any

direction, except that any measurement for a picket fence composed primarily of vertical

members shall be measured in a horizontal direction between members.

(c) Gates and doors.

(1) Gates and doors opening directly into such an enclosure shall be equipped with self-closing

and self-latching devices designed to keep and capable of keeping such doors or gates

securely closed, said latching device to be attached the gate or door not less than thirty-six

inches (36") above the grade or floor.

(2) Exception to subsection (c)(1) above: The doors of any building forming a part of the

enclosure need not be so equipped.

(d) Applicability to existing pools.Swimming pools in existence on the effective date of this article

shall be fenced in accordance with the requirements of this section within 180 days of the

effective date.

(e) Enforcement.All applications submitted to the city for swimming pool permits shall show

compliance with the requirements of this section.

(Ordinance 36, sec. IV, adopted 3/6/90)

§ 3.07.007 Height limits.

No fence shall be constructed at a height exceeding the following:

(1) Forty-eight inches (48") between the front building line and the street right-of-way. All such

fences shall have a minimum of fifty percent (50%) through-vision. Shrubbery or other plantings

shall not be allowed to reduce through-vision below this minimum. Wire fencing (other than

chain-link) shall not be permitted between the front building line and the street right-of-way.

(2) Ninety-six inches (96") on any side or rear property lines, in districts zoned Residential or

Commercial, where the property line is not in or along a street.

(3) Forty-eight inches (48") on corner lots, between the side building line and the street right-of-way,

or between the front building line of adjacent property and the street right-of-way, whichever is

more stringent. The same through-vision requirements as for front fences shall apply.

(4) Ten feet (10') around tennis courts and in districts zoned Light Industrial.

(5) The board of adjustment may grant a special exception to any regulation contained in this section

if the board determines, after a public hearing, that the special exception will not adversely affect

neighboring property. In granting a special exception, the board may impose any other reasonable

condition that would further the intent of the regulations contained in this section.

(Ordinance 36, sec. V, adopted 3/6/90; Ordinance 161 adopted 9/19/02)

§ 3.07.008 Sight barriers at intersections.

No fence shall be constructed in the triangle formed by measuring twenty feet (20') back from the

intersection of two streets, or from the intersection of a driveway and a street, or fifteen feet (15') back

from the intersection of an alley and a street.

(Ordinance 36, sec. VI, adopted 3/6/90)

§ 3.07.009 Gates.

Every fenced enclosure shall have at least one gate in its perimeter.

(Ordinance 36, sec. VII, adopted 3/6/90)

§ 3.07.010 Fence arms and barbed-wire.

(a) Fence arms shall not be permitted in residential zoning districts.

(b) Barbed wire shall not be permitted except in agricultural pastures in land zoned AG for the

fencing of livestock.

(Ordinance 318 adopted 5/14/19)

§ 3.07.011 Chain-link fences.

Chain-link fences less than five feet (5') in height shall have the finished edge of the material on the

top of the fence.

(Ordinance 36, sec. IX, adopted 3/6/90)

§ 3.07.012 Location on or protrusion over city property, right-of-way, or easement.

(a) No privately owned fence or guy wires, braces, or any other part of a privately-owned fence shall

be constructed on or protrude over property owned by the city.

(b) No fencing material and/or supports shall be located within a street or alley right-of-way.

(c) No fence shall be constructed within any utility easement in the city limits unless the property

owner building said fence submits to the city a letter of approval from each of the public utility

companies, including the city’s utilities department, using or having authority to use said

easement for any line or appurtenance.

(Ordinance 318 adopted 5/14/19)

§ 3.07.013 Location in drainage easement.

No fence shall be constructed across or within any drainage easement unless the building official

believes that such fence will not interfere with nor impair the natural flow of water along the drainage

easement.

(Ordinance 36, sec. XI, adopted 3/6/90)

§ 3.07.014 Electrical fences.

(a) Fences constructed to continuously conduct electrical current are only allowed in a zoning district

wherein farm animals are allowed.

(b) Single-strand wires designed to conduct electricity through an approved low voltage regulator

shall be allowed only along the interior base line of an otherwise permitted fence. No permit shall

be required for the erection and maintenance of such single-strand electric wires.

(Ordinance 318 adopted 5/14/19)

§ 3.07.015 Permitted types.

(a) The following types of fences may be built, erected, or constructed within the city if they comply

with the requirements of this article:

(1) Wood privacy fence;

(2) Wood split rail fence;

(3) Vinyl fence;

(4) Brick or masonry fence;

(5) Rock or stone fence;

(6) Wrought iron fence;

(7) Wrought iron combination fence with rock, stone, or brick;

(8) Pipe rail fence;

(9) Barbed wire fence;

(10) Mesh wire fence with pipe rail, t-post, or barbed wire fence; and

(11) Chainlink fence.

(b) Only new materials must be used to construct any fence listed above other than a pipe or wrought

iron fence which can be sandblasted and painted to bring it back to a new condition within sixty

(60) days of installation.

(Ordinance 318 adopted 5/14/19)

§ 3.07.016 Prohibited materials.

(a) No person shall build any fence composed, in whole or in part, of:

(1) Plywood, pallets, or r-panels;

(2) Galvanized sheet metal, corrugated metal, corrugated steel, or fiberglass panels; or

(3) Materials not approved for exterior exposure.

(b) The following are affirmative defenses to a violation of this section:

(1) The use of the material is mandated by state or federal statute; or

(2) The material is used by a local governmental facility and is required for public safety.

(Ordinance 318 adopted 5/14/19)

§ 3.07.017 Front yard fences.

Fences may be built within the required front yard, where lots are at least one acre or greater. Front yard

fencing shall be limited to a maximum height of six feet and shall be of open construction, providing

that at least 50 percent of the fence be open (e.g., wrought iron or chainlink) while the fence crosses

the front yard and up to the build line.

(Ordinance 318 adopted 5/14/19)

§ 3.07.018 Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed

to them in this Section, except where the context clearly indicates a different meaning.

Chainlink fence. A fence structure made of metal fence fabric attached to galvanized or wooden posts.

Fence. Any structure which exceeds twelve (12) inches in height above the nearest grade and which

encloses, partitions, or divides any yard.

Fence arm. An arm that projects from the top of the fence, typically to hold barbed wire.

Privacy fence. A fence structure consisting of material constructed to inhibit sight through said fence.

R-panel. A wide panel typically used for roofing that is normally made from aluminum or metallic

coated steel.

T-post. A fence post, usually of metal, designed to support fencing materials.

Wire fence. Fencing constructed of wire or similar materials, includes fences using t-posts, hog,

chicken, or other penning material.

(Ordinance 318 adopted 5/14/19)

ARTICLE 3.08

SIGNS

§ 3.08.001 Generally.

(a) All signs constructed or maintained within the corporate limits of the city shall comply with the

regulations of this article and shall be permitted only within the zoning district permitted as herein

set out below. The terms “zone district” and “district” mean the various zoning districts

established by the zoning ordinance of the city as from time to time amended. Sign permit fees

shall be paid pursuant to the fee schedule in appendix A of this code.

(b) Visibility triangle shall mean a generally triangular area that defines a zone necessary for the clear

view by the driver of a motor vehicle or bicyclist of oncoming cross-street motor vehicle, bicycle,

or pedestrian traffic, or of a traffic control device.

(Ordinance 112, sec. 1, adopted 3/7/00; Ordinance 330 adopted 10/8/19)

§ 3.08.002 Penalty.

Any person, firm or corporation violating any provision of this article shall be deemed guilty of a

misdemeanor and upon conviction shall be subject to a fine not to exceed the sum of five hundred

dollars ($500.00) for each offense, and each day that a violation occurs or continues constitutes a

separate offense.

(Ordinance 112, sec. 16, adopted 3/7/00)

§ 3.08.003 Granting of exceptions.

The board of adjustment may grant an exception to the requirements of this article where the board

finds that the grant of the exception will not be contrary to the public interest and the spirit of this

article will be observed.

(Ordinance 112, sec. 12, adopted 3/7/00)

§ 3.08.004 Permanent type signs.

Type Sign Maximum Area Zone Permitted Standards

(a) Nameplate 2 sq. ft. All districts One per street frontage

(b) Institutional sign 32 sq. ft. All districts One per street frontage

(c) General business sign 200 sq. ft. Permitted in C and LI

districts

(d) Advertising sign 400 sq. ft. Permitted in LI district only No advertising sign may be erected

within a 500 ft. radius of any other

advertising sign

(Ordinance 112, sec. 2, adopted 3/7/00)

§ 3.08.005 Temporary type signs.

Type Sign Maximum Area Zone Permitted Spacing Standards

(a) Real estate sign 12 sq. ft. R-1 One on each platted lot or tract, and

for acreage

32 sq. ft. C and P

200 sq. ft. A One for 200' of street or highway

frontage

(b) Construction 64 sq. ft. In all districts One per project

(c) Development sign 400 sq. ft. In all districts One per project or one for each 100

acres in project

(d) Bulletin board sign 18 sq. ft. C and LI districts One on post of existing signs only

(Ordinance 112, sec. 3, adopted 3/7/00; Ordinance adopting Code)

§ 3.08.006 Maximum height.

In a nonresidential district, no sign shall be constructed to exceed the maximum building height

permitted in the specific nonresidential zoning district where the sign is located and in no case to

exceed a height of fifty (50) feet above ground. In a residential zoning district, no sign shall exceed 10

feet in height.

(Ordinance 112, sec. 4, adopted 3/7/00)

§ 3.08.007 Signs interfering with traffic or resembling emergency signal.

No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the

public, streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an

emergency signal.

(Ordinance 112, sec. 5, adopted 3/7/00)

§ 3.08.008 Nonconforming signs.

Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost

exceeds 50 percent of its original value shall be removed.

(Ordinance 112, sec. 6, adopted 3/7/00)

§ 3.08.009 Illuminated or flashing signs.

No sign, nameplate or similar device located in a residential district or within one hundred (100) feet

of a residential boundary shall be directly illuminated or of a flashing, intermittent or pulsating type.

(Ordinance 112, sec. 7, adopted 3/7/00)

§ 3.08.010 Signs projecting into right-of-way.

No sign shall be erected so as to project into the public right-of-way, visibility triangle, or any street or

alley.

(Ordinance 330 adopted 10/8/19)

§ 3.08.011 Location in front yard or in front of established building line.

No sign shall be erected within the required front yard or in front of the established building line,

except the following signs:

(1) In Light Industrial zoning districts along streets designated as thoroughfares on the city’s

thoroughfare plans, one sign not exceeding 80 square feet in area and thirty feet in height may be

located in front of the established building line; however, no sign may be located within the

required front yard unless specifically exempted by this article.

(2) A pole sign not exceeding sixty (60) square feet in area may be located within the required front

yard for gasoline service stations in the C and LI districts, provided such sign does not extend

into the public street right-of-way.

(3) Two directional signs not exceeding three square feet in area, maximum height above grade not

exceeding eighteen (18) inches in height, containing only the company name and the words

“exit,” “entrance,” or other traffic-control directions and being a non-illuminated or low light

intensity sign may be erected within the required front yard provided it does not extend into the

public street right-of-way.

(4) Signs advertising the sale of a home; may only be erected within the required front yard of the

home being advertised, provided it is no closer than five (5) feet from the edge of the pavement.

(Ordinance 112, sec. 9, adopted 3/7/00; Ordinance 330 adopted 10/8/19)

§ 3.08.012 Number of panels on advertising signs.

No advertising sign structure shall contain more than two (2) sign panels facing in the same direction.

(Ordinance 112, sec. 10, adopted 3/7/00)

§ 3.08.013 Separation between ground-supported signs.

All ground-supported signs shall be separated by a fifty (50) feet separation.

(Ordinance 112, sec. 11, adopted 3/7/00)

§ 3.08.014 Prohibited signs.

(a) Billboard signs are prohibited along Highway 380 in the city and its extraterritorial jurisdiction.

For the purposes of this article, a billboard sign is defined as a sign that is freestanding or attached

to or part of a building, for the purpose of the display of commercial or noncommercial messages

which are not related to the products or services sold, manufactured, or distributed on the

premises on which the sign is located, and is designed for a change in copy, so that the characters,

letters, display or illustrations can be changed or rearranged within a fixed sign face. Existing

billboards at the time of the ordinance enacting this section shall be considered nonconforming

signs and shall comply with section 3.08.008, nonconforming signs.

(b) Changeable copy/electronically activated message boards and light emitting diode (LED) signs

are prohibited in the city and its extraterritorial jurisdiction along Highway 380. For the purposes

of this article, a "changeable copy/electronically activated message board sign" is a sign whose

alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed

surface composed of electrically illuminated or mechanically driven changeable segments.

Existing changeable copy/electronically activated message boards and LED signs at the time of

the ordinance enacting this section shall be considered nonconforming signs and shall comply

with section 3.08.008, nonconforming signs.

(c) Any sign type not expressly permissible in this article is prohibited.

(Ordinance 368 adopted 3/12/2024)

ARTICLE 3.09

STREETS AND SIDEWALKS

DIVISION 1

Generally

DIVISION 2

Street Names and Address Numbers

§ 3.09.031 Official map.

A street name and address map shall be kept in the office of the city secretary and shall be marked the

“City of Lowry Crossing Street Name & Address Map.” All property address numbers assigned shall

be in accordance with said map and no other property numbers shall be used or displayed in the city.

The street name and address map shall be revised from time to time to show new streets, subdivisions,

and annexations as they occur.

(Ordinance 142, sec. 1(A), adopted 8/14/01)

§ 3.09.032 Numbering system.

All property numbering shall follow the odd-even numbering conventions, with even numbers being

assigned to the north side of east-west streets, and to the west side of north-south streets. Odd

numbers shall be assigned to the south and east sides respectively. North-south or east-west numbering

conventions on diagonal streets shall be based on that street’s predominant direction.

(Ordinance 142, sec. 1(B), adopted 8/14/01)

§ 3.09.033 Assignment of address numbers.

All residential and business buildings shall be assigned a street address number by the city secretary,

or a designee of such officer, or in new subdivisions by the developer, subject to approval by the city

secretary.

(Ordinance 142, sec. 1(C), adopted 8/14/01)

§ 3.09.034 Naming of streets.

The naming of streets shall be the responsibility of the planning and zoning commission, which shall

make recommendations to the city council for final approval. Street names shall be chosen so as to

avoid duplication or similarity in spelling or sound with other streets within the city and the postal zip

code area.

(Ordinance 142, sec. 1(D), adopted 8/14/01)

§ 3.09.035 Display of address number.

It shall be the duty of every property owner of improved property to conspicuously display the assigned

address number on the property so as to be readily recognizable by approaching emergency vehicles.

(Ordinance 142, sec. 1(E), adopted 8/14/01)

§ 3.09.036 Defacing or removing street name sign or address number.

It shall be unlawful for any person to alter, deface, or take down any street name sign or street address

number placed on any property in accordance with this code.

(Ordinance 142, sec. 1(F), adopted 8/14/01)

§ 3.09.037 Change of street name.

Any change of an official street name shall be at the sole discretion of the city council on

recommendation from the planning and zoning commission. However, the planning and zoning

commission shall hold a public hearing on any requested name change upon receipt of a petition listing

the name and address of each property owner owning property adjacent to the street and a request

signed by at least 60% of such affected property owners approving the name change.

(Ordinance 142, sec. 1(G), adopted 8/14/01)

§ 3.09.038 Record of street names.

Official street names shall be those shown on the street name and address map of the city, as said map

may from time to time be amended.

(Ordinance 142, sec. 1(H), adopted 8/14/01)

LOWRY CROSSING CODE

BUSINESS REGULATIONS